Code Civ. Proc., § 1021.5 · Chapter 6. Of Costs
Code Civ. Proc., § 1021.5
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
Upon motion, a court may award attorneys’ fees to a successful party against one or more opposing parties in any action which has resulted in the enforcement of an important right affecting the public interest if: (a) a significant benefit, whether pecuniary or nonpecuniary, has been conferred on the general public or a large class of persons, (b) the necessity and financial burden of private enforcement, or of enforcement by one public entity against another public entity, are such as to make the award appropriate, and (c) such fees should not in the interest of justice be paid out of the recovery, if any. With respect to actions involving public entities, this section applies to allowances against, but not in favor of, public entities, and no claim shall be required to be filed therefor, unless one or more successful parties and one or more opposing parties are public entities, in which case no claim shall be required to be filed therefor under Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the Government Code.
Attorneys’ fees awarded to a public entity pursuant to this section shall not be increased or decreased by a multiplier based upon extrinsic circumstances, as discussed in Serrano v. Priest, 20 Cal. 3d 25, 49.
Notes and commentary — not statutory text
History
Amended by Stats. 1993, Ch. 645, Sec. 2. Effective January 1, 1994.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=1021.5.
- Text hash
- sha256 63c6b740e3f117fa51d1b6b7adeac5b48915e84a2e96c9bc7b19368baa38f470
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 7 provisions
Provisions in this library whose text cites Code Civ. Proc., § 1021.5. Each shows the citation as that text prints it.
Business and Professions Code
Government Code
- Gov. Code, § 13960Printed as Section 1021.5 of the Code of Civil Procedure
- Gov. Code, § 65009.1Printed as Section 1021.5 of the Code of Civil Procedure
- Gov. Code, § 65589.5Printed as Section 1021.5 of the Code of Civil Procedure
- Gov. Code, § 65914.2Printed as Section 1021.5 of the Code of Civil Procedure
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.